Elective Surgery

MJP

Can an employer refuse to allow an employee time off the job for elective surgery? The Sick Leave Policy allows employees to use sick leave for this purpose, but the employee is needed due to being shorthanded and she scheduled the surgery around the upcoming holidays.

Theresa Gegen TX

Unless there is an FMLA issue (for example if the "elective surgery" is to correct a health problem, but could be done at any time, as opposed to a nose job), the employer can deny her the time off.

I suggest you sit down with the employee to discuss her rescheduling the surgery at a time that is more convenient (although having it over the holidays is probably convenient for her).
Good Luck

Hatchetman

If your company falls under FMLA and the emplyee is FMLA eligible, then leave for elective surgery should be allowed under FMLA provision if the defnitiion of "serious health condition" is met.

The website for getting the FMLA definition is: [url]http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=825&SECTION=114&YEAR=1998&TYPE=TEXT[/url]

Of course, if it's elective,you may want to see if you cna get the emplyee to postpone it...but if he or she has given 30 days notice of the need for leave due to the elective surgery, that is all that is required fromt he emplyee in that regard.

Assuming ADA is not involved here, if FMLA is not applicable, then depending on what the exact words of your sick leave policy are, you may be able to deny it. Does your sick leave policy say such things as "compelling medical reasons, etc? Or, again, see if the employee is willing to re-schedule it.